This comment focuses on the case Tetris Holding, LLC v. Xio Interactive, Inc. and uses it to explore how video game developers’ original innovations are protected under copyright law so as to fully restrict those wishing to “clone” these innovations for their own financial gain. The comment begins by outlining relevant copyright concepts and statutes, using case examples, and detailing the analytical framework courts use to evaluate claims asserted under copyright law. It then discusses the accommodations by both the video game industry as well as online marketplaces in order to protect original content from being cloned. After evaluating these existing accommodations, the comment outlines the financial and intellectual effect full compliance under copyright law would have on the video game industry. Lastly, the comment suggests possible action for courts and those within the video game industry to take in order to protect original ideas by developers, ultimately concluding that games on all platforms be awarded copyright certification before their release.

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